15 U.S.C. § 2615 — Penalties

Page 1890 TITLE 15—COMMERCE AND TRADE § 2614 (B) shall be fined under title 18 or impris- oned for not more than 1 year, or both. (B) Description An individual referred to in subparagraph (A) is an individual who— (i) pursuant to this section, obtained possession of, or has access to, information protected from disclosure under this sec- tion; and (ii) knowing that the information is pro- tected from disclosure under this section, willfully discloses the information in any manner to any person not entitled to re- ceive that information. (C) Exception This paragraph shall not apply to any medical professional (including an emer- gency medical technician or other first re- sponder) who discloses any information ob- tained under paragraph (5) or (6) of sub- section (d) to a patient treated by the med- ical professional, or to a person authorized to make medical or health care decisions on behalf of such a patient, as needed for the di- agnosis or treatment of the patient. (2) Other laws Section 1905 of title 18 shall not apply with respect to the publishing, divulging, disclo- sure, or making known of, or making avail- able, information reported to or otherwise ob- tained by the Administrator under this chap- ter. (i) Applicability (1) In general Except as otherwise provided in this section, section 2607 of this title, or any other applica- ble Federal law, the Administrator shall have no authority— (A) to require the substantiation or re- substantiation of a claim for the protection from disclosure of information reported to or otherwise obtained by the Administrator under this chapter prior to June 22, 2016; or (B) to impose substantiation or resubstan- tiation requirements, with respect to the protection of information described in sub- section (a), under this chapter that are more extensive than those required under this sec- tion. (2) Actions prior to promulgation of rules Nothing in this chapter prevents the Admin- istrator from reviewing, requiring substan- tiation or resubstantiation of, or approving, approving in part, or denying any claim for the protection from disclosure of information before the effective date of such rules applica- ble to those claims as the Administrator may promulgate after June 22, 2016. (j) Access by Congress Notwithstanding any limitation contained in this section or any other provision of law, all in- formation reported to or otherwise obtained by the Administrator (or any representative of the Administrator) under this chapter shall be made available, upon written request of any duly au- thorized committee of the Congress, to such committee. (Pub. L. 94–469, title I, § 14, Oct. 11, 1976, 90 Stat. 2034; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 114–182, title I, § 11, June 22, 2016, 130 Stat. 481.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–182 amended section generally. Prior to amendment, section related to disclosure of data. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title. § 2614. Prohibited acts It shall be unlawful for any person to— (1) fail or refuse to comply with any require- ment of this subchapter or any rule promul- gated, order issued, or consent agreement en- tered into under this subchapter, or any re- quirement of subchapter II or any rule pro- mulgated or order issued under subchapter II; (2) use for commercial purposes a chemical substance or mixture which such person knew or had reason to know was manufactured, processed, or distributed in commerce in viola- tion of section 2604 or 2605 of this title, a rule or order under section 2604 or 2605 of this title, or an order issued in action brought under sec- tion 2604 or 2606 of this title; (3) fail or refuse to (A) establish or maintain records, (B) submit reports, notices, or other information, or (C) permit access to or copy- ing of records, as required by this chapter or a rule thereunder; or (4) fail or refuse to permit entry or inspec- tion as required by section 2610 of this title. (Pub. L. 94–469, title I, § 15, Oct. 11, 1976, 90 Stat. 2036; renumbered title I and amended Pub. L. 99–519, § 3(b)(1), (c)(1), Oct. 22, 1986, 100 Stat. 2988, 2989; Pub. L. 114–182, title I, § 19(l), June 22, 2016, 130 Stat. 508.) Editorial Notes AMENDMENTS 2016—Par. (1). Pub. L. 114–182 substituted ‘‘any re- quirement of this subchapter or any rule promulgated, order issued, or consent agreement entered into under this subchapter, or’’ for ‘‘(A) any rule promulgated or order issued under section 2603 of this title, (B) any re- quirement prescribed by section 2604 or 2605 of this title, (C) any rule promulgated or order issued under section 2604 or 2605 of this title, or (D)’’. 1986—Par. (1)(D). Pub. L. 99–519 added cl. (D). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title. § 2615. Penalties (a) Civil (1) Any person who violates a provision of sec- tion 2614 or 2689 of this title shall be liable to the United States for a civil penalty in an amount not to exceed $37,500 for each such viola- Page 1891 TITLE 15—COMMERCE AND TRADE § 2616 tion. Each day such a violation continues shall, for purposes of this subsection, constitute a sep- arate violation of section 2614 or 2689 of this title. (2)(A) A civil penalty for a violation of section section 2614 or 2689 of this title shall be assessed by the Administrator by an order made on the record after opportunity (provided in accordance with this subparagraph) for a hearing in accord- ance with section 554 of title 5. Before issuing such an order, the Administrator shall give writ- ten notice to the person to be assessed a civil penalty under such order of the Administrator’s proposal to issue such order and provide such person an opportunity to request, within 15 days of the date the notice is received by such person, such a hearing on the order. (B) In determining the amount of a civil pen- alty, the Administrator shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, and such other matters as justice may require. (C) The Administrator may compromise, mod- ify, or remit, with or without conditions, any civil penalty which may be imposed under this subsection. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the person charged. (3) Any person who requested in accordance with paragraph (2)(A) a hearing respecting the assessment of a civil penalty and who is ag- grieved by an order assessing a civil penalty may file a petition for judicial review of such order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which such person resides or transacts business. Such a petition may only be filed within the 30-day period beginning on the date the order making such assessment was issued. (4) If any person fails to pay an assessment of a civil penalty— (A) after the order making the assessment has become a final order and if such person does not file a petition for judicial review of the order in accordance with paragraph (3), or (B) after a court in an action brought under paragraph (3) has entered a final judgment in favor of the Administrator, the Attorney General shall recover the amount assessed (plus interest at currently prevailing rates from the date of the expiration of the 30- day period referred to in paragraph (3) or the date of such final judgment, as the case may be) in an action brought in any appropriate district court of the United States. In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review. (b) Criminal (1) In general Any person who knowingly or willfully vio- lates any provision of section 2614 or 2689 of this title, shall, in addition to or in lieu of any civil penalty which may be imposed under sub- section (a) of this section for such violation, be subject, upon conviction, to a fine of not more than $50,000 for each day of violation, or to imprisonment for not more than one year, or both. (2) Imminent danger of death or serious bodily injury (A) In general Any person who knowingly and willfully violates any provision of section 2614 or 2689 of this title, and who knows at the time of the violation that the violation places an in- dividual in imminent danger of death or se- rious bodily injury, shall be subject on con- viction to a fine of not more than $250,000, or imprisonment for not more than 15 years, or both. (B) Organizations Notwithstanding the penalties described in subparagraph (A), an organization that com- mits a knowing violation described in sub- paragraph (A) shall be subject on conviction to a fine of not more than $1,000,000 for each violation. (C) Incorporation of corresponding provi- sions Subparagraphs (B) through (F) of section 7413(c)(5) of title 42 shall apply to the pros- ecution of a violation under this paragraph. (Pub. L. 94–469, title I, § 16, Oct. 11, 1976, 90 Stat. 2037; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 102–550, title X, § 1021(b)(5), Oct. 28, 1992, 106 Stat. 3923; Pub. L. 114–182, title I, § 12, June 22, 2016, 130 Stat. 492.) Editorial Notes AMENDMENTS 2016—Subsec. (a)(1). Pub. L. 114–182, § 12(1), substituted ‘‘$37,500’’ for ‘‘$25,000’’. Subsec. (b). Pub. L. 114–182, § 12(2), designated existing provisions as par. (1), inserted heading, substituted ‘‘$50,000’’ for ‘‘$25,000’’, and added par. (2). 1992—Subsecs. (a)(1), (2)(A), (b). Pub. L. 102–550 sub- stituted ‘‘section 2614 or 2689 of this title’’ for ‘‘section 2614 of this title’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title. § 2616. Specific enforcement and seizure (a) Specific enforcement (1) The district courts of the United States shall have jurisdiction over civil actions to— (A) restrain any violation of section 2614 or 2689 of this title, (B) restrain any person from taking any ac- tion prohibited by section 2604 of this title, 2605 of this title, or subchapter IV, or by a rule or order under section 2604 of this title, 2605 of this title, or subchapter IV, (C) compel the taking of any action required by or under this chapter, or (D) direct any manufacturer or processor of a chemical substance, mixture, or product sub- ject to subchapter IV manufactured or proc-